THE REPUBLIC vs MANASSEH AWUNI AZURE & ORS
October 25, 2022
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JANE HARRIET AKWELEY QUAYE (MRS.)
Areas of Law
- Civil Procedure
- Constitutional Law
- Media Law
- Evidence Law
October 25, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
Her Ladyship Jane Harriet Akweley Quaye of the Ghana High Court adjudicated a motion for contempt brought by Lighthouse Chapel International against journalists and executives associated with The Fourth Estate, a nonprofit investigative platform. The motion arose after six former pastors sued Lighthouse Chapel; despite those suits being pending, The Fourth Estate published a multi-part series titled “Darkness in a lighthouse,” follow‑up pieces analyzing Social Security and National Insurance Trust (SSNIT) determinations, and social media posts amplifying alleged evidence. The respondents argued their reporting reflected outcomes of lawful bodies and fair comment under constitutional guarantees. Applying authorities on contempt, pleadings admissions, and press freedom’s limits, the Court held the publications were calculated to prejudice a fair trial, rejected “truth” as a defence, found the publisher and the executive who reposted liable, and ordered apologies and monetary sanctions.
A motion for contempt was filed in the registry of this Court on 13th January 2022 by the Applicant against the Respondents. In a Supporting Affidavit attached to the motion for contempt, one Marcels Aboagye deposed that, by an identical Writ of Summons and accompanying Statement of Claim issuing out of the Registry of the High Court dated 19th April 2021, six of the Applicant’s former Pastors and/or volunteers sued the Applicant herein, therein Defendant for various reliefs indorsed on the respective Writs (Exhibits ‘A’, ‘A1’, ‘A2’, ‘A3’, ‘A4’ and ‘A5’). With knowledge of the contents of the said Writ and Statement of Claim the Respondents, acting individually and together, within the space of six (6) days published or caused to be published “The Fourth Estate” of and concerning the substantive issues for trial in all the six (6) suits which words, which, besides defaming the Applicant were highly critical, pre-judicial and judgmental, portraying the Plaintiffs in the said suits as victims and Applicant herein, therein Defendant, as a villain and guilty of all the allegations contained in the Statement of Claim.
Furthermore between 23rd April and 1st May 2021, the Respondents published and re-published the said articles at least thirty-seven (37) times on their Facebook Walls and Twitter accounts and generated thousands of comments and shares on Facebook and other media platforms. To the knowledge of the Respondents, the Applicant herein, therein the Defendant, delivered its defences and counterclaim to all the six (6) suits on 24th May 2021 and 7th June 2021 respectively (Exhibits ‘C’, ‘C1’, ‘C2’, ‘C3’, ‘C4’ and ‘C5’).
Notwithstanding that, the Respondents caused a further publication to be made in the “The Fourth Estate” edition of 25th August, 2021, under the bold headline “Lighthouse Pastors were not employees - SSNIT rules”, in which publication the Respondents purported to analyze the evidence (ordination certificate, emails, page/extract from a passport etc.) presented by the Plaintiffs to SSNIT (which documents are or were obviously potential evidence in the suits) and made conclusive statement on them to the effect that the said evidence proved an existence of an employer-employee relationships between the Applicant (therein Defendant) and the Plaintiffs in those suits, contrary to the Applicant’s application in its Statement of Defence (Exhibit ‘E’).
Again, in the issue of “The Fourth Estate” dated 26th August 2021, the Respondents caused to